HR Final 3

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HR Final 3
2012-11-29 16:29:06

HR Final 3
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  1. The __________ step of the greivance procedureinbolbes union grievance committee members and management's labor relations representatives being brogut in to discuss the supervisor's first-step answer
  2. The third step of the greivance procedure includes the individuals from step 2, but also includes the labor manager and other management officials (such as a general foreman, superintendant, or assistant plant manager) members of the unions grievance committee, and the union's international union representative. These individuals are added because
    the grievance answer at this level could affect company-wide operations, and both management and union representatives wish to obtain as much input as possible before making the decision
  3. In the fourth step of the grievance procedure, a third-party neutral mau furnish either
    a final, binding arbitration decision, or help the parties to resolve the issue themselves through mediation
  4. Succesful greivance mediation depends on
    the ability of the mediator and the motivation of the parties
  5. The United States Porstal Service engages in 
    transformation mediation
  6. The union steward has a _________ capability that says it is not necessary to consult with first line supervisors or the employee prior to filing a greivance
  7. _________ suggests that first-line supervisors should have the authority to resolve grievances at the first steop of the procedure to give the employee a prompt response
    codified relationships
  8. Involves trading away grievances dispatching cases orginally set for arbitration, some argue this violates the duty of fair representation.
    third and one half step in the greivance procedure
  9. considered the union's fair representation obligation i the grievance procedure involved an employee with high blood pressure claiming that the union refused to take his claim to arbitration. supreme court ruled that the union acted in good fairth
    vaca vs. sipes
  10. 7 golden rules of the union's duty of fair representation
    • 1.Consider all grievences solely on their merits
    • 2. Investigate each greivance promptly and vigorously
    • not miss time limts
    • 4.keep records
    • 5.keep the greivant informed
    • 6. have a valid reason for any action
    • 7 If the greivance lacks merits drop it
  11. Bowen, USP worker whose case went to the supreme court regarding altercation with another employer who pursued greivance remedy but the national office refused to take
    Supreme Court found both employer and union responsible for the discharge
  12. First occured in us in 1865
  13. Provided for final resolution of disputes interrupting work that contributed to the war effort
    Roosevelts Executive order 9017
  14. Supreme Court ruling that said parties could bring suit against a party that refused to arbitrate a labor dispute for violation of the labor agreement under section 301 of the LMRA
    Lincoln Mills
  15. Involved a 1969 strike over work given to bargaining unit personnel. Union struck even though the labor agreement required arbitration supreme court sided with management that the process of the agreement should have been followed
    boys market decision
  16. Method used by the American Arbitration Association that involves striking names of arbitrators who are not succesful and then ranking 1 most preferred etc. The arbitrator selected will be the one who recieves the highest rank amoong those remaining
    striking and ranking
  17. Two perspectives on the arbitration process
    • 1. Informal Quasi-litigation (legilistic approach) designed to resolve a dispute between parties
    • 2. Part of the ongoing collective bargaining process designed to facilitate conflicht resolution (problem solving approach)
  18. Arbitration has a  _________ value by allowing a grievant to openly air a conpang against a mangement decision
  19. 1974 Supreme Court Ruling that said the arbitrators expertise pertains to labor agreement intepretation and not to resolving federal civil righs lawS, but th e________ decision may enable arbitratos instead of the EEOX and the courts to resolve a discrimination grievance filed under the terms of a collective bargaining agreement
    Gardner-Denver decision/Gilmer decision
  20. NLRB deferrel to arbitration policy was formulated in the ____________ and upheld in the ______ case
    spielberg manufacturing company case/collyer case
  21. Challanged managements total discretion to discipline employees in 1935
    Frederick Taylors theory of scientific management
  22. Legally shaped managements disciplinary policies
    Wagner Act of 1935
  23. The three broad powers arbitrators have on discipline
    • 1. Determine what constitutes just cause for discipline
    • 2. Establish standards of proof and evidence
    • 3. review and modify or eliminate the penalty imposed by management when warranted
  24.  Disciple can improve efficiency by accomplishing the following interraleted purpose
    • To set an example of appropriate behavior
    • To transmit rules of the oftanization
    • To promote efficient production
    • To maintain respect for the supervisor
    • To correct an employees behavior
  25. Discharge is ____ rather than ___- and is appropriate only when all other attempts at correction have failed or the nature of the offense is so heinous lesser forms of discipline are inappropriate
    terminal corrective
  26. Many arbitrators and supreme court in Dennis O' Conner v. Magno Ortega permitted evidence obtained
    without the employees knowledge
  27. Written work rules must be reasonable, clear, and state the consequences of their violation
  28. Focuses on the purpose or rationale of the work rules to ensure that an emplooyee has not been arbitrarily disciplined or discharged
    substantive due process
  29. Is a form of due process usuall covered in the labor agreement and includes language such as the right t oa fair and impartial fact-finding process
    Procedural due process
  30. Pertained to an employee who was believed to have paid only a fraction of the price of food she took out of the store. Told management she repeatedly asked for union representation, but was denied it. NLRB decided that management did commit an unfair labor practice violating section 8 of the NLRA by denying the employee union re[resentation
    Weingargen decision
  31. Although union representation must be given to an employee when the employee reasnonably believes an investigation couild result in disciplinary action. The employer ___________
    has no legal requirement to bargain with any union representative who attends the interview
  32. NLRB was appealed throught the courts and eventually upheld by the 
    Supreme Court
  33. Assigning an employee a more sever penalty than the one originally given
    double jeopardy